Lee v. Dep't of Parks & Recreation

*208 Plaintiff Michele Lee injured herself on a stairway in the Bootjack Campground within Mt. Tamalpais State Park and sued respondent California State Department of Parks and Recreation ("State Parks") for premises liability. The trial court awarded summary judgment to State Parks on the basis of trail immunity under Government Code section 831.4, subdivision (b). It also awarded attorney's fees and defense costs to State Parks under Code of Civil Procedure section 1038. Lee appeals both aspects of the judgment.

We affirm the trial court's ruling that State Parks is entitled to immunity because the stairway is a "trail," or at least an "integral part" of a *209 trail, within the meaning of Government Code section 831.4, subdivision (b). 1 However, we reverse the trial court's award of attorney's fees and costs, as we agree with Lee that the issue of immunity was not so clear cut that her lawsuit lacked reasonable cause.

FACTS AND PROCEDURAL HISTORY

Bootjack Campground is located in Mt. Tamalpais State Park, which is owned and controlled by State Parks. From the nearest parking lot, there are two ways to access Bootjack Campground: a stone stairway, built into a hill, and a…